Abstract

Shariah Criminal Offences in Malaysia has been codified in allStates Shariah Criminal Offences Enactment. The primary basisof authority is as enshrined under List II of the Ninth Scheduleof the Federal Constitution which empowers the ShariahCourt to hear any cases involving Muslims and subject mattergoverned under the Shariah laws. Article 121 (1A) of the FederalConstitution stipulates that Civil Court shall have no jurisdictionin respect of any matter within the jurisdiction of the ShariahCourt. However, the purpose of the amendment has not beenfully achieved as Civil Court still could exercise its review overmatters enforced under the Shariah laws. Judicial review is anadministrative process available to an aggrieved individual orcorporation challenging the validity of the decision of publicauthorities, including Shariah enforcement body. Notably, prior to the amendment, there were many cases of shariah relatedbeen tried and reviewed in Civil Courts including family andShariah criminal offences. The amendment has to certain extentssucceeds in reducing such review. To date, civil court continuesexercising this power particularly in Shariah criminal offenceson the basis of inconsistency with the Federal Constitution. Thisarticle identifies and analyse writings and works of scholarlynature which relate to civil court judicial review and its relation toShariah laws in Malaysia, in particular the review over Shariahcriminal offences in Malaysia. It employs library research in full.The study has found that not much works of scholarly nature hadbeen done in this area, though previous works had paved way tothe present study.

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